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1. All appeals filed by the defendant (appointed party) and the appointed party C are dismissed;
2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.
Reasons
1. Basic facts
A. The Selection C issued a per unit of the par value of KRW 20 million, and the Defendant (Appointed Party) who is the husband of the Selection C issued the said check to D.
D A. The E/F delivered the above check to E/F for the repayment of the credit obligation to E/F, and thereafter, the said check was at a risk of being settled. The Defendants paid 5 million won in cash to E/F on December 30, 2014, and recovered the check, and the Defendants made up and issued a loan certificate to pay 15 million won in installments until January 30, 2015, and three million won in installments until January 30, 2015, and the remaining 10 million won in installments each month.
(hereinafter referred to as “the instant loan certificate”) B.
E/F transferred to the Plaintiff, on April 12, 2016, the principal of the claim against the Defendants amounting to KRW 15 million and the claim for this funds calculated at 12% per annum from January 27, 2016 to the date of full payment, and notified the Defendants of the fact of the assignment of the claim on the same day.
C. On April 12, 2016, the Defendants: (a) drafted and issued to the Plaintiff a letter of confirmation that “The Plaintiff was transferred the credit transferee’s credit from E to the Defendants with the credit transferee’s credit transfer amount on April 12, 2016, by means of the following: (b) paying KRW 5 million in cash; (c) paying KRW 1.5 million in cash, calculated at the interest rate of 12% per annum for the remainder of KRW 15 million; and (d) confirming that the remainder of the principal and KRW 15 million and the interest thereon were unpaid.”
(hereinafter referred to as “instant factual confirmation”). 【The grounds for recognition” / Each entry in the evidence Nos. 1 through 20, and the purport of the whole pleadings.
2. According to the above facts finding as to the cause of the claim, the Plaintiff is from E and F to KRW 15 million for their Defendants, and 12% per annum from January 27, 2016.